A defendant shall be punished by imprisonment for not less than eight months.

However, the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Punishment of the crime

From November 1, 2009, the Defendant agreed to commission the carpets supplied by the victim H Co., Ltd. at the second underground store of the F department store in Daegu Northern-gu E.

The Defendant sold carpets at the base price or event price designated by the victim company in accordance with the above consignment sale agreement, and when he sells discount in excess of 20% of the base price, he deducteds the excess discount from the sales commission received by the Defendant or made the Defendant bear the burden, so he managed the store by accurately entering the details of sales in the computer system of the victim company.

Nevertheless, the Defendant sold goods at a price higher than the price voluntarily designated by the victim on a clear basis that the Defendant is high in sales. As if the amount of the additional discount was returned, the Defendant entered the electronic data entry as if the return was made, or entered the electronic data entry as if the base price was less than the actual sales price, and sold at a price lower than the pre-determined price of the victim company, but the sales commission was paid as a preservation. On the other hand, when receiving the sales proceeds from the customer in cash, the Defendant did not enter the details of the sales in the computer system and intended to use the proceeds.

1. From November 1, 2009 to August 6, 2014, the Defendant: (a) sold carpets to customers pursuant to the above consignment sale agreement; (b) received cash equivalent to KRW 12,00,000 from customers; and (c) embezzled them for personal use at that time by consuming them for the victim company.

2. In the above store between November 1, 2009 and August 6, 2014, the Defendant’s fraud products amounting to KRW 78,414,946, which sold carpets to customers at a price significantly discounted than the price designated by the victim company.